Legal Question in Consumer Law in Indiana

I purchased a van in 2005 and hubby got laid off. I contacted the company to renegotiate the pmt arrangements and they refused to take less than a full pmt. so I agreed to have them repossess the vehicle. They never came and got it. When hubby went back to work we contacted the original company and we were told they had sold the loan so we went to bmv to see who held the Lien on it. The company was closed so the bmv told us to send a certified letter asking for a settlement and if it came back unopened then they would issue us a new clear title. We did that and it did come back unopened. The BMV issued a title and we fixed up the van and I resumed driving it. Now I have another company harrassing me saying that they still have a Lien against it, even though the bmv says there is no lien and that they have to do a thorough title search for liens before they issue a title. They are threatening to take it to court, can they do that?

Asked on 7/10/13, 3:53 pm

Jay Rigdon Rockhill Pinnick LLP

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0 attorneys agreed

Yes. Doesn't mean they will win though. They have to prove they are the valid holder of the debt.

Answered on 7/14/13, 12:59 pm

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